Construction Method and Apparatus

ABSTRACT

The invention comprises novel apparatuses and methods for positioning and/or for determining the locations of one structural member such as a stud, rafter or joist on another structural member such as a beam during construction.

FIELD OF THE INVENTION

The field of the invention is building construction-related apparatusesand methods.

BACKGROUND OF THE INVENTION

This invention relates to apparatuses for simplifying the framing ofbuildings and to methods for making and using the apparatuses.

It is known to use pre-marked tapes or templates for locating each of aseries of structural members used in construction such as studs, raftersor joists on a connecting structural member such as a top plate orbottom plate in the case of studs being nailed to a top or bottom plateto form a panel. One type of prior art pre-marked tape or template has adefinite starting point, a definite end point and a predetermined lengthof 192 inches. It is used to measure that single distance. One side ofthis type of prior art pre-marked tape or template is self-adhesive andis stuck on the connecting structural member such as a top plate orbottom plate to which the series of structural members is beingfastened. The tapes or templates include markings indicating the centerlocation for each of the series of structural members. An example ofthis type of tape is disclosed in U.S. Pat. No. 6,494,014.

The prior art pre-marked tapes or templates have several disadvantages,such as for example: (1) under some circumstances they come loose beforethe structural members such as studs, rafters or joists have beenproperly fastened in place; (2) they are unable to locate structuralmembers such as studs, rafters or joists over a distance longer than 192inches without using multiple end to end tapes or templates or reusingthe same tape or template by placing its starting point at the lastmarking and extending it a second time; (3) they are not as convenientnor as desirable to use to locate the studs or rafters or joists; and(4) some tapes or templates have so many markings on them that they areconfusing in actual use.

It is known to dispense strapping tape in continuous lengths on spoolsand in boxes that can be used as dispensers. Some prior art tapes areadhesive and some dispensers of strapping tape have cutting bladesattached to them for ease in cutting the tape. It is also known to mountsteel strapping tape in rolls on dollies for convenience.

However, the prior art does not suggest the manner of using orusefulness of such applicators in the positioning or in determining thelocation of structural members during construction of buildings.

It is known to angularly position structural members with respect toeach other by drawing a line on one of the structural members using asquaring tool and then aligning the edge of the other structural memberalong the line. This method has the disadvantage of beingtime-consuming.

SUMMARY OF THE INVENTION

Accordingly, it is an object of the invention to provide a novelapparatus and method for positioning and/or for determining thelocations of one structural member such as a stud, rafter or joist onanother structural member such as a beam during construction.

It is a further object of the invention to provide a novel method ofmaking a tool for locating the positions of structural members.

It is a still further object of the invention to provide a novelapparatus and method for angularly positioning a first structural memberwith a second structural member to which it is to be fastened.

It is a still further object of the invention to provide a novel methodand apparatus for reducing cumulative errors in positioning structuralmembers.

It is a still further object of the invention to provide a novelconstruction technique and novel tools useful in using the noveltechnique.

It is a still further object of the invention to provide a novel methodand novel apparatuses for rapidly fastening structural members in placein construction projects.

In accordance with the above and further objects of the invention, thereare provided a novel angular-positioning tool and a novel structuralmember-locating tool, which in the preferred embodiment, is a locatingtape or template. The angular positioning tool and the structuralmember-locating tool can be used together or separately in constructionto fasten structural members together at the proper angles and at theproper locations with respect to each other. The tape or template hasmarkings on each side indicating the proper location for fasteningstructural members such as studs to other structural members such as thetop and bottom plate of framework panels. While the markings may bedifferent distances apart, in the preferred embodiment, one side of thetape or template has markings spaced 16 inches from each other and theother side has markings spaced 12 and/or 24 inches from each other. Thenovel angular-positioning tool has at least a first positioning surfacefor positioning a first structural member and a second positioningsurface for positioning a second structural member at a predeterminedangle to the first structural member.

In one embodiment, the angular-positioning tool has two orientatingportions that may be or are fixed in angular position with respect toeach other. A first of the two orientating portions positions a stud,rafter or joist and the second of the two orientating portions positionsthe structural member to which the stud, rafter or joist is to befastened. This requires at least one orientating surface on each of thefirst and second orientating portions against which the structuralmembers can be positioned.

In one embodiment, the first orientating portion holds a stud, rafter orjoist within a “U”-shaped member having either a flat side fororientating the stud, rafter or joist or flat orientating flangesextending from the flat side fitting against the sides of the stud,rafter or joist or both. In this embodiment, the second orientatingportion is also a “U”-shaped member having either a flat side fittingagainst the sides of the cross member or orientating flanges extendingfrom a flat side fitting against the sides of the cross member or both.

In the preferred embodiment, a locating opening is provided in theangular positioning tool for viewing marks on the tape or template andfor fasteners for fastening structural members together such as bynailing the structural members together. The flanges are positionedparallel to each other and orthogonal to a connecting member of the“U”-shaped member to provide guide surfaces for angularly positioningthe structural members such as studs, rafters or joists with theirmatching members. The open end of each of the “U”-shaped members isopposite to the locating opening so that the construction worker caninsert the angular-positioning tool from the same side as the locatingtape or template.

Advantageously, the angular-positioning tool: (1) has wide enoughmembers to extend between the surface of a construction workers hand andthe structural members being stapled; and (2) is of sufficient size andmade of strong enough material to shield the hand from nails. With thisconstruction, the angular positioning tool also serves as a safetydevice to avoid accidental hitting of a worker by nails.

The structural member-locating tool is particularly useful in fasteningstructural members such as studs, rafters and joists across the fulllength or width of a building. For example, in fastening joists, the useof a tape across the full length of the building avoids the prior artpractice of climbing a ladder at several locations to mark the locationof the joists along a beam. Instead, the tape or template is stretchedacross the length and left in place to locate the joists when they arefastened in place. For convenience in laying the tape or template, thetape or template is continuous and may be packaged in spools or boxesused as dispensers and may be mounted to a dolly or cart and dispensedfrom the dolly or cart. Sections of the continuous tape or template maybe cut to size and used rather than requiring a full tape of fixeddimensions which requires that the tape or template be attached with itsstarting point at a first predetermined location and its end at a secondpredetermined location a fixed distance from the first predeterminedlocation. The continuous tape or template should be made of a materialhaving an elastic limit greater than 25 psi. Its modulus of elasticityshould be more than 100,000 psi.

From the above description, it can be understood that the apparatus andtools of this invention have several advantages, such as: (1) the tapeor template is reusable under some circumstances but is inexpensiveenough to be disposable and left in place when used; (2) the tape ortemplate is easy to use and clearly marked; (3) the tape or template maybe securely fastened by staples so as not to come loose in use; (4) theangular positioning tool provides a convenient method for positioning astructural member at an angle with respect to a second structuralmember; (5) the structural-member locating tool may be used to positionstructural members over the entire length or any portion of the lengthof a building to avoid cumulative errors and high set up time formarking beams; and (6) some embodiments of structural-member locatingtools may be conveniently positioned and fastened in place from spoolsor dolly-mounted dispensers or from boxes.

BRIEF DESCRIPTION OF THE DRAWINGS

The above noted and other features of the invention will be betterunderstood from the following detailed description when considered inconjunction with the following drawings, in which:

FIG. 1 is a fragmentary perspective view of a section of frame for theside of a building with a construction tool positioned for use inaccordance with an embodiment of the invention;

FIG. 2 is a fragmentary plan view of one side of the marking tape ortemplate in accordance with an embodiment of the invention;

FIG. 3 is a fragmentary plan view of the opposite side of the tape ortemplate of FIG. 2;

FIG. 4 is a perspective view of an angular-positioning tool inaccordance with an embodiment of the invention;

FIG. 5 is another perspective view of the angular-positioning tool ofFIG. 4 taken from another angle;

FIG. 6 is a fragmentary enlarged perspective view of a marking tape ortemplate positioned to measure the location of structural members suchas studs, rafters or joists against a bottom plate of a section ofbuilding frame;

FIG. 7 is a simplified, fragmentary perspective view of the manner inwhich the construction tools of this invention may be used by aconstruction worker;

FIG. 8 is a simplified, perspective, fragmentary view of a portion of apanel, with the lower portion of three studs, a structuralmember-locating tool and an angular positioning tool in position to aidin the locating and positioning of one of the studs;

FIG. 9 is a simplified elevational view of a panel illustrating a firststage in another manner of using the structural member-locating tool inaccordance with an embodiment of the invention;

FIG. 10 is a simplified elevational view of a panel illustrating asecond stage in the manner of using the structural member-locating toolin accordance with an embodiment of FIG. 10;

FIG. 11 is a plan view of a residential foundation illustrating thedifferent methods in which the structural member-locating tool may beutilized in a timesaving manner to position floor joists;

FIG. 12 is a plan view of wall panels that bear on floor rafters andtrusses illustrating one manner of using the structural-member locatingtool; and

FIG. 13 is a flow diagram of a process for using the structuralmember-locating tool and angular-positioning tool in accordance with anembodiment of the invention.

DETAILED DESCRIPTION OF THE INVENTION

In FIG. 1, there is shown a simplified perspective view of the framework 10 of a section of a building having a top plate 12, a bottom plate14, and a plurality of structural members such as studs, rafters orjoists 16A-16J. A structural member-locating tool 18B is shownpositioned on the bottom plate 14 for locating the bottom of thestructural members such as studs, rafters or joists 16A-16J on thebottom plate 14. In the preferred embodiment, the structuralmember-locating tool is a tape or template 18A and 18B. A similar oridentical tape or template 18A may be used to position the top of thestructural members on the top plate 12 as well.

As shown in FIG. 1, a marking 20A, hereinafter referred to as structuralmember-locating indicia, indicating the center of the studs for allstuds in a panel except a corner stud such as 16A in FIG. 1, is placedat the outer end of the cross member (corner of building) as shown at 60in FIG. 1. The section 60 in FIG. 1, hereinafter referred to as astructural member-locating tool end portion, is one half the width ofthe structural member, which is three quarters inch in the case of astud such as 16A in FIG. 1. However, in the case of other structuralmembers such as joists or rafters, the distance will be different. Insuch cases the position locating tool may have additional markings so asto accommodate other size structural members and the proper end portion.

In this specification, the words “locating indicia” shall mean spacedapart markings or structural features indicating locations at whichstructural support members are attached to structural cross members.Similarly, in this specification the words “structural cross member orcross member” shall mean a structural member to which one or more otherstructural members, hereinafter referred to as structural supportmembers, are to be attached at predetermined locations on the structuralcross member or at predetermined distances from each other. For example,a top plate or a bottom plate of a panel in a frame of a house is astructural cross member because studs are attached to it atpredetermined distances from each other. The words “structural supportmember” shall mean a structural member connected to a cross member tomake a portion of a frame for a building or similar structure. Forexample, studs, rafters and joists are considered structural supportmembers in this specification.

In FIG. 2, there is shown a fragmentary plan view of a first side of thetape or template 18 having a plurality of locating indicia or centerpoints 20A-20C indicating on one side of the tape or template the numberof inches between locating indicia and on the other side the initialsO.C. indicating that it is a center to center measurement. At the cornerof a structure, the center point marking is placed at the outer edge ofthe first stud 16A as shown in FIG. 1 at the reference numeral 20Arather than on center. The remaining structural members such as studs,rafters or joists in that panel are located with their center line beingaligned with the center mark of the tape or template. The outer edge ofthe end stud is located on the center mark to allow space for otherconstruction materials such as insulation or sheeting or the like. Thedistance is approximately one half the width of the structural supportmember. For example, in the case of studs, it is three quarters of aninch because studs are one and one-half inches in width. With thisarrangement, the first two structural support members are closer to eachother by one-half of their width than the other support members. Whenthe insulation and other construction materials are added, the distancefrom a corner to the second support member is substantially the same asthe center to center distances of support members other than the firstand second support members.

In FIG. 3, there is shown a plan view of the other side of the tape ortemplate 18 marked for other distances apart. In the embodiment of FIG.3, it is marked for certain joists and rafters which are either 12 or 24inches apart on center. To provide such marking or locating indiciawithout cluttering up the tape or template, each locating indicia ismarked on one side with 12 and every other one is also marked with 24 toindicate the 12 inch and 24 inch markings Similarly opposite the marksof 12 or 24 are O.C. for on center.

In FIGS. 4 and 5, there are shown two different perspective views of anangular positioning tool 22 generally shaped as a “T” or an inverted“T.” In each of these views, one of the orthogonal sections is a stemmember 26 and the other is a cross member 24, with the stem member 26intersecting the cross member 24 near its midpoint. Each of the twoorthogonal sections 24 and 26 is “U”-shaped with a base plate and rightand left side plates extending from the opposite edges of the base plateand being parallel to each other and perpendicular to the base plate.The side plates are spaced a distance apart to accommodate thestructural member such as a stud.

Similarly, the cross member 24 includes right and left positioningmembers 34 and 36. Each of the positioning members 34 and 36 includes abase plate such as 40 and 42 respectively for receiving one side of thecrossing structural member such as a top plate in the case of a stud,and corresponding orthogonal members 44 and 46 positioned orthogonal tothe base members 40 and 42 respectively. The orthogonal members 44 and46 are at right angles to the respective base members 40 and 42 and aremounted with their edges spaced apart the same distance as between sidemembers 30 and 32, which is the width of a stud in the case ofpositioning structural members such as studs, rafters or joists withrespect to upper or lower plates.

While any number of positioning surfaces may be used from twopositioning surfaces with a first surface extending in one direction toprovide a first positioning surface and a second surface extending in adirection and at an angle to the first surface to any larger number ofsurfaces, two sets of positioning surfaces are provided at right anglesto each other in the preferred embodiment. One set includes threesurfaces forming a “U” that holds a first structural member and a secondset of three positioning surfaces that holds a second structural memberat the selected angle to the first structural member. Additionally, oneor more handles or openings for convenience in gripping the angularpositioning tool may be provided.

While a specific configuration of orthogonal surfaces are shown in theembodiments of FIGS. 4-5 for positioning structural members orthogonalto each other, there are many alternative configurations which could beused. Generally, the configurations must at least have one flat surfacewhich is either permanently affixed or which can be affixed in use at apredetermined angle to another positioning surface. Preferably, at leastone of those surfaces will have a second positioning surface orthogonalto it to position two sides of at least one of the structural members.

The angular-positioning tool 22 includes a window or opening 48 (shownin FIG. 4) exposing one side of the cross-member such as the top plateto enable convenient viewing of the center mark of the tape or template.The window 48 also provides a convenient space for fastening such as bytoe nailing with a staple or hammering a nail to the cross-structuralmembers.

In FIG. 6, there is shown a fragmentary perspective view of a frame worksection having a bottom plate 14, and three structural members such asstuds, rafters or joists 16A-16C showing a manner in which the tape ortemplate 18B is used to position the bottom of the structural memberssuch as studs, rafters or joists 16A-16C at 16 inch centers with the endstud 16A being 15¼ inches from the center mark of the stud 16B asdescribed above.

In FIG. 7, there is shown a simplified fragmentary elevational view of apanel 62 having a top plate 64, a bottom plate 66, and a plurality ofstuds 68A-68J forming the panel. In preparing the panel, the structuralmember-locating-tools 18A and 18B are laid across the top plate 64 andthe bottom plate 66 repeatedly. The locating indicia is aligned with theend of the cross member such as 64 with a portion of the structuralmember-locating tool extending beyond it. In the case of a stud, thisend portion is three-quarters of an inch to allow for siding or othermaterial. The structural member locating tools 18A and 18B are stretchedover the cross members and the studs nailed by a workman such as shownat 70 in place at the top and bottom to form a panel. If the panel isprepared off site, staples may be removed at one end such as the end 72and moved to a diagonal position such as 74 on the top plate 64.Similarly, the top tape 18A may be unstapled at 74 and moved to thecorner 72 to have diagonal tapes holding the panel in shape for stackingand then removing. This has an advantage over the prior art method ofnailing 2×4 braces because it is difficult to stack the panels forconvenient moving with 2×4 braces in place. Un-stapling and moving thetapes is quick and efficient and because the tapes are thinner, thepanels may be stacked after that and moved to the site for use in thebuilding.

In FIG. 8, there is shown a simplified, perspective, fragmentary view ofa portion of the panel 62 having the bottom plate 66 with the lowerportion of three studs 68B, 68C and 68D. As shown in this view, theangular-positioning tool 22 positioned to grip the stud 68C and thebottom plate 66 and overlying the structural member-locating tool 18B,with the window 48 being positioned to show a center marking 20. Withthis arrangement, the angular positioning tool 22 may be located in sucha manner to hold the stud 68C conveniently over a center point. Thewindow 48 is large enough to permit nailing of the stud in place at thatlocation for accurate angular locating and longitudinal locating of thestuds.

In FIG. 9, there is shown a simplified side view of a plurality ofstructural members such as studs, rafters or joists 68A-68J, one ofwhich is warped shown at 68F. The tape or template 18 may be connectedacross these structural members such as studs, rafters or joistsstarting with an end stud and the warped stud may be positioned oncenter by forcing it into position using the tape or template. As shownin this view, the stud 68F is warped so that where it crosses thestructural member-locating tool 18 at the center of the panel, it willbe spaced a distance from the center mark shown at 20. Because of theexistence of the center mark, the stud may be pulled over so that itscenter line is under the locating indicia and fastened in place to anycross member or any member fixed in place such as siding or plasterboard or even a separate cross brace.

The warped stud may be positioned for example by a drywaller and whenproperly positioned to remove the warp fastened such as by gluing to thedrywall. While a specific example of a warped stud has been given, thereare many other such inconsistencies and other structural members whichmay be improperly positioned in the initial framing or other initialwork. The use of the tape or template enables many of these to beproperly positioned and fastened in place in the correct position.Similarly, the tape or template 18 may be positioned such as on thefloor for the benefit of drywallers or finishers so they may locate thecenter line of structural members such as studs, rafters or joists fortheir use.

In FIG. 10, there is shown an enlarged elevational view illustrating theuse of the structural member-locating tool 18 as shown in less detail inFIG. 9. In FIG. 10, the stud 68F is shown between the studs 68E and 68Gas shown in less detail in FIG. 9 except the stud 68F has been movedcloser to the indicating indicia 20E. In the use of the structuralmember-locating tool 18 illustrated by FIGS. 9 and 10, the stud will beforced completely into position by moving it to the right until thecenter line of the stud 68E is lined up with the locating indicia 20Eand then fastened in place such as by a cross brace or by nailing it todrywall or sheeting or any other structural member that will be locatedin the same place to hold the stud in place. In this manner, otherconstruction workers such as someone installing siding will have lessdifficulty in locating the stud to which the other material such assiding or drywall or the like is to be fastened.

The structural member-locating tool 18 may also be utilized forpositioning other structural members after the framing has been done.For example, when siding is being applied, the location of thestructural members such as studs, rafters or joists for fastening thesiding, can be quickly and easily located by stretching the tape ortemplate outside of the siding in a position aligned with thepositioning of the tape or template when the structural members such asstuds, rafters or joists were fastened. This will give the center oncenter positions for fastening the siding or other structural members inplace.

In FIG. 11, there is shown a plan view of a residential foundation 80illustrating the different methods in which the structuralmember-locating tool 18 may be utilized in a timesaving manner toposition floor joists such as the floor joist 82. In such anarrangement, one end of the structural member-locating tool 18 may befastened at a convenient location at the end of the building andextended a full length to the opposite side of the building. In thisspecification, the words “full locating length” shall mean the totallength over which structural support members are positioned undercircumstances in which their positions are related such as by coderegulations specifying the distance apart of the structural members.Thus the full positioning length may be the distance from one end of abuilding to the other end including any corners or the like included inthe frame so that it may be longer than the width or length of thebuilding. For example as shown in FIG. 11, one cross member 86 has aplurality of orthogonal cross members such as shown 84A-84D to whichfloor joists may be fastened. The structural member-locating tool 18 maybe fastened at any of the points 84A-84D and extend across theorthogonal cross member such as illustrated at 88B to the opposite endof the building as indicated at 88B in FIG. 11. This arrangement mayconveniently mark spaced apart locations for fastening the joists asshown at 82.

Similarly, other sections of the structural member-locating tool 18 maybe fastened at the ends 84A, 84C and 84D and stretched straight acrossto the opposite end of the building. Each of these structuralmember-locating tools 18 has locating indicia aligned with the locatingindicia on the member 88B to provide aligned locations for fastening thefloor joists. This is particularly convenient when the foundation suchas that shown in FIG. 11 consists of multiple corners extending in onedirection to the other in providing accurate fastening locations such asshown at 90A and 90B since the tools may be moved from any location atthe side of a building to the opposite side or to any other intermediatepoint that is convenient for the construction workers. With thisarrangement, the structural member-locating tool 18 is continuouslystretched from one end to another or to any intermediate point betweenthe ends with no interruption. This use of the structural memberlocating tools 18 is particularly time saving in case of a foundationsince the construction worker may fasten it at one end of the buildingand move to the second end and fasten it without moving up and downladders every few feet.

In FIG. 12, there is shown a plan view of a building floor with floorrafters and trusses such as shown at 92A-92C. In this application, thestructural member-locating tool 18 is fastened at a point such as 94 andstretched across a structural member extending to the opposite side ofthe building such as shown at 96 or to some convenient intermediatemember when desired. Thus, locating points may be found with the tape atany time. Similarly, a structural member-locating tool 18 may befastened at other points such as the point 98 and stretched across astructural member to a corresponding point 100 to give another locatingpoint for the fastening of the rafter or trusses, such as 92A-92C.

In FIG. 13, there is shown a flow diagram of a process 102 for using thestructural member-locating tool 18 including the step 104 of positioningthe structural member locating tool with a locating indicia at the endof a structural cross member, the step 106 of stretching the structuralmember locating tool a full length along the two structural crossmembers to which the two ends of the structural support member are to beattached, the step 108 of placing an angular positioning tool on thefirst structural support member and on the cross members to hold thestructural support member and cross member at the desired angle withrespect to each other, the step 110 of fastening the first structuralsupport member to the cross member with the outer side of the structuralsupport member even with the side of the corner and end of tape ortemplate extending past the side, the step 112 of placing the angularpositioning tool on a second structural support member and on a crossmember to hold the structural support member and cross member at thedesired angle with respect to each other and with the center line of thesecond support member in alignment with the locating indicia, the step114 fastening the support member to the cross member at both ends andthe step 116 of repeat the locating and angular positioning andfastening steps until complete using the structural-support member forthe full length.

From the above description, it can be understood that, the apparatus andtools of this invention have several advantages, such as: (1) the tapeor template is reusable under some circumstances but is inexpensiveenough to be disposable and left in place when used; (2) the tape ortemplate is easy to use and clearly marked; (3) the tape or template maybe securely fastened by staples so as not to come loose in use; (4) theangular positioning-tool provides a convenient method for positioning astructural member at an angle with respect to a second structuralmember; (5) the structural member-locating tool may be used to positionstructural members over the entire length or any portion of the lengthof a building to avoid cumulative errors and high set up time formarking beams; and (6) some embodiments of structural member-locatingtools may be conveniently positioned and fastened in place from spoolsor dolly-mounted dispensers or from boxes.

Although a preferred embodiment of the invention has been described inparticular detail, there are many modifications and variations in theinvention that are not explicitly stated but known to be possible.Accordingly, within the scope of the appended claims, it is to beunderstood that the invention may be practiced other than asspecifically described.

1. (canceled)
 2. (canceled)
 3. (canceled)
 4. An angular-positioningtool, comprising: a first “U”-shaped member having a first open end; asecond “U”-shaped member having a second open end; said first and secondopen ends being orthogonal to each other and opening in the samedirection.
 5. (canceled)
 6. An angular positioning tool in accordancewith claim 4 wherein at least a portion of one of the “U”-shaped membersis wide enough members to extend between the surface of a constructionworker's hand and the structural members being nailed and is ofsufficient size and made of strong enough material to shield the handfrom nails, whereby the angular positioning tool also serves as a safetydevice to avoid accidental hitting of a worker by nails.